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Should I ask for compensation for child's injuries?.

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Comments

  • DCodd
    DCodd Posts: 8,187 Forumite
    Part of the Furniture Combo Breaker
    Flyboy152 wrote: »
    I am neither supporting nor disapproving of the OP's premise, just that the store has a responsibility to carry out their work with skill and care. If the store has been paid to carry out the work stated, then they have a responsibility towards the consumer. The store will have to prove that they did not tell the OP the bicycle did not need any adjustment, just as much as the OP will have to prove they did. Please remember that the SOGA states that during the first six months, the seller has to prove the faults did not exist at the time of sale.
    But to claim consequencial, the op has to try and resolve the issue with the retailer and this would involve admitting that they only noticed the faults after the second accident. Kind of makes it difficult to suggest that the faults were there when the bike was sold as the most obvious reson for the fault was the accidents themselves.
    Always get a Qualified opinion - My qualifications are that I am OLD and GRUMPY:p:p
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    DCodd wrote: »
    But to claim consequencial, the op has to try and resolve the issue with the retailer and this would involve admitting that they only noticed the faults after the second accident. Kind of makes it difficult to suggest that the faults were there when the bike was sold as the most obvious reson for the fault was the accidents themselves.

    It would be a fifty/fifty call. It certainly would raise the arguments of cause and effect; did the damage cause the accident, or was the damage caused by the accident. But it does seem very foolish to have allowed the child to ride the bike again, if the OP is attempting to claim negligence on the part of the seller.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Flyboy152 wrote: »
    It would be a fifty/fifty call. It certainly would raise the arguments of cause and effect; did the damage cause the accident, or was the damage caused by the accident. But it does seem very foolish to have allowed the child to ride the bike again, if the OP is attempting to claim negligence on the part of the seller.

    Absolutely. If there was the slightest suggestion that the bike hadn't been put together properly, why not raise that with the shop the first time the child fell off? To paraphrase Mr Wilde... to fall off once is unfortunate, to fall off twice looks like carelessness :D
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • TheSaint_2
    TheSaint_2 Posts: 1,011 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    C'mon guys! This is clearly a wind up :D

    No-one sane would even consider doing this....
    Thats like buying a car and sueing the previous owner / garage when you crash it :)
  • Hello, I bought a car from a dealer and asked them to check it over for me. They said that they had already done it and that it was my responsibility to adjust the seat so that I could reach the brake pedal.
    However, I have now crashed the car twice and noticed that there are a few dents and the front wheels are loose. Can I sue the car dealer for negligence?

    Come on, you must be having a laugh!! Take some responsibility for your actions. Its not up to the shop, its not even a bike shop! Kids grow, do you take the bike back to the shop to get the saddle put up or the tyres inflated every time they lose a bit of pressure? The headset would have come loose due to the accident.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Hello, I bought a car from a dealer and asked them to check it over for me. They said that they had already done it and that it was my responsibility to adjust the seat so that I could reach the brake pedal.
    However, I have now crashed the car twice and noticed that there are a few dents and the front wheels are loose. Can I sue the car dealer for negligence?

    Come on, you must be having a laugh!! Take some responsibility for your actions. Its not up to the shop, its not even a bike shop! Kids grow, do you take the bike back to the shop to get the saddle put up or the tyres inflated every time they lose a bit of pressure? The headset would have come loose due to the accident.

    Not a fair comparison really, seeing as adjusting the seat of a car is just pulling a lever under the squab. To make adjustments to a bicycle, to fit a child, is a bit more complicated and is the reason why stores offer the service in the first place, as making mistakes is easy; especially for those who turn to jelly at the thought of even holding a spanner.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Flyboy152 wrote: »
    To make adjustments to a bicycle, to fit a child, is a bit more complicated

    Really? I refer the honourable gentleman to my earlier post - I could do this myself when I was 11. Bikes may have advanced in the 30+ years since then, but adjusting seat height, bar height and rotation is still done the same way. It isn't rocket science.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    bod1467 wrote: »
    Really? I refer the honourable gentleman to my earlier post - I could do this myself when I was 11. Bikes may have advanced in the 30+ years since then, but adjusting seat height, bar height and rotation is still done the same way. It isn't rocket science.

    Yes...really. It is more complicated to adjust a bicycle for a child than it is to adjust the seat of a car. I don't think you have to get a spanner and screwdriver to move the car seat back and forth.

    It was very different times thirty or forty years ago, I must also say that I probably would have struggled at the age of eleven or so to dismantle, service and reassemble a bike, but I find no shame in that and never saw the necessity to do so.

    It may not be very obvious to some, but there are millions of people out there who wouldn't know one end of a screwdriver to the other and I see no need to suggest that they are lesser for it.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • gordikin
    gordikin Posts: 4,422 Forumite
    Flyboy152 wrote: »
    But then, the store said that they had done the checks.

    Where?????
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    gordikin wrote: »
    Where?????

    That was a presumption, because they had built the bicycle and told the OP no more adjustment would be necessary.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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